Schools, particularly rural and small city ones but also the Rochester School District, one of the state's largest, have been shortchanged in New York by as much as $9,600 per student because the state hasn't upheld a 2007 agreement that would rapidly increase funding, a report contends.

The report from the state's Association of Small City School Districts late last month is part of the group's argument that New York has reneged on a 2007 budget deal, and a court order, to increase school aid to ensure all students receive a "sound basic education."

The group is suing the state to uphold the 2007 agreement. The case is set for trial in September.

"It's completely inadequate," the group's executive director, Bob Biggerstaff, said of school aid. "These kids are not getting anywhere near the quality of education that your middle-class, your suburban communities are getting."

The report identified what the group believes are the 50 most-underfunded schools in the state, saying they should be getting additional aid in the range of $4,200 to $9,600 more per student.

The list includes Rochester, with a per pupil shortfall of more than $5,000, putting it in the middle of the pack. The City School District's total budget for the 2013-14 school years is about $734 million.

“These kids are not getting anywhere near the quality of education that your middle-class, your suburban communities are getting.”

Bob Biggerstaff

School aid in New York was cut for several years because of budget woes, but it has increased by at least 4 percent on average over the past two years.

Gov. Andrew Cuomo proposed a 3.8 percent increase, to a total of nearly $22 billion, in his budget plan for the fiscal year that starts April 1. He also proposed a $2 billion bond initiative to improve school technology.

Cuomo has argued that school aid continues to grow, and New York already spends the most per capita in the nation: $19,076 per student. He said the spending hasn't led to better results because New York is in the middle of the nation in performance.

"It's not about 'more money gets us more results,' " Cuomo said in a radio interview last month. "Because if that was the case, our students would be doing better than any students in the country; because we are spending more than anyone else."

The group's report comes amid the yearly funding battle over school aid.

Education groups and the state Board of Regents want at least a $1.3 billion increase for the 2014-15 fiscal year. Cuomo's proposal would increase aid by $807 million.

State lawmakers have until March 31 to approve the budget.

The report contended that New York hasn't kept up with its promise to fully fund school aid under the 2007 agreement. The report claims that the lack of aid has led to, among other problems, larger class sizes — as many as 30 kids in a class.

The highest-need schools — mainly urban and rural districts — are receiving on average $4,000 per pupil less this year than they would have under the 2007 reforms, the report said.

“It's not about 'more money gets us more results ... Because if that was the case, our students would be doing better than any students in the country; because we are spending more than anyone else”

Gov. Andrew Cuomo

The Rochester School District faces a $40 million budget deficit for the school year that starts July 1. Superintendent Bolgen Vargas said the district is trying to close the gap through efficiencies and cuts in central office.

But he said he's hoping the state will help fund $13 million for a summer-learning program. The report said the district is receiving $5,200 less per student than it should be.

"We hope to make the case that we have to close the opportunity gap in Rochester," Vargas said last week in Albany during a budget hearing.

Mount Morris Superintendent Dawn Mirand said the Livingston County district of about 600 students isn't being given the same opportunities as students in wealthy districts. The district, for example, only offers one foreign language: Spanish.

The district, like other small and rural districts, has a limited tax base and relies heavily on state aid. In Mount Morris, 70 percent of its budget comes from the state; the report said the district is receiving about $5,400 less per student than it would have if the 2007 agreement was fully funded.

"We have been struggling, and we can't put it on the back of our property taxpayers," Mirand said.

It's not only poor districts that could benefit from the state following through on the 2007 agreement.

"It affects everyone hugely; we're talking about millions of dollars per district per year," said Jody Siegle, executive director of the Monroe County School Boards Association. "If it came through back when it was supposed to, a lot of important programs could have continued."

Siegle noted that between the money from the 2007 deal and the controversial gap elimination adjustment program, districts are wary of trusting the state to deliver on its education promises.

About 80 parents and students from eight school districts are plaintiffs in the lawsuit against the state.